The Criminal Investigation ProcessSection 2 - Crime

Police PowersPolice PowersPolice form part of the executive arm of governmentinvestigate crimes, make arrests, interrogate suspects and gather evidence against the accusedLaw Enforcement (Powers and Responsibilities) Act 2002 (NSW)

Main police powers:detain and question suspectssearch property and seize evidence use reasonable force if necessary to carry out their duties use particular technologies to assist an investigation, such as phone taps, surveillance or DNA samplesarrest and interrogate suspectsrecommend whether bail should be granted.

a legal document issued by magistrate authorising an officer to perform a particular act, for example make an arrest, conduct a search, seize property or use a phone tap

WARRANT

QuickTime™ and a decompressor

are needed to see this picture.

search warrant - arrest

Reporting CrimeReporting CrimeCitizens play an important role in reporting crime. e.g Crime Stoppers People may not report crime because:

reluctant to appear as a witnessfear of the consequences after reporting a crimethe dispute may have been resolved with the offender and victimburden of time through the reporting process

Investigating CrimeInvestigating CrimeNot all reported crimes are fully investigated and prosecuted because:

resources are given to higher casesthe time it takes to investigate

Enough evidence has to be gathered to support a chargeEvidence is documented in situ (in the place) and must be done correctly otherwise it may be inadmissible evidenceAll evidence must be contained in a lawful manner

GATHERING EVIDENCE

QuickTime™ and a decompressor

are needed to see this picture.

dna security system

DNA evidence is an important advance in technology helping some difficult convictions in both current and cold cases.There have been concerns about relying only on DNA testing to prove a conviction

USE OF TECHNOLOGY

QuickTime™ and a decompressor

are needed to see this picture.

dna in crime investigation

police have the power to search and detain things in certain circumstances, even without the use of a warrantPolice can stop a person on reasonable grounds or suspicion of criminal behaviour

SEARCH AND SEIZURE

This Judicial oversight helps contain police powers (separation of powers) and maintains the rule of law

USE OF WARRANTS

Arrest and ChargeArrest and ChargePolice cannot detain a person unless they have a good reasonLaw Enforcement (Powers and Responsibilities) Act 2002 (NSW) gives police powers to arrestArrest warrants require police to justify their suspicions based on reasonable evidenceIf police officers use unreasonable force, they may also be charged

QuickTime™ and aJVT/AVC Coding decompressorare needed to see this picture.

kiesha mother and step dad chargedten news 2011

Lawfully police can only detain a suspect for a period of four hours, this can be extended to 8 hours under Magistrate approvalInterrogation begins with questioning and interviews, suspect will be given a caution before the interrogation begins

DETENTION AND INTERROGATION

Suspect has the right to silenceAny suspect under the age of 18 has the right to a responsible adult being presentThe interview is recorded on one videotape and two audio recordingsIf charged the accused will be brought in front of a Magistrate for a bail hearing

QuickTime™ and aJVT/AVC Coding decompressorare needed to see this picture.

kelli lane caseabc news 2011

SummonsSummonsa legal document that states when and where a person must appear in court and, if they are the accused, the charge to which they must answerWitnesses will also receive a summons to appear in court

BailBailthe temporary release of an accused person awaiting trial, sometimes on particular conditions such as surety of a sum of money as a guarantee

Bail may not be given to the accused if:Bail may not be given to the accused if:•the victim is in fear of reprisalsthe the victim is in fear of reprisalsthe accused is a danger to societythe accused is a danger to societythe accused may commit another crimethe accused may commit another crimethe accused may flee the countryaccused may flee the country

Remanda period spent in custody awaiting trial at a later dateIf the accused is found guilty, the time the offender had spent in remand is usually taken off the total time of their sentence

Multiple Choice: Multiple Choice: CrimeCrime

1. A summons is best described as: 1. A summons is best described as:

a)a) a legal document which compels you to attend a legal document which compels you to attend court to give evidence or answer charges court to give evidence or answer charges

b)b) a legal document permitting the search of your a legal document permitting the search of your businessbusiness

c)c) a legal document between two parties issued after a legal document between two parties issued after a divorce is finaliseda divorce is finalised

d)d) a legal document signed by you agreeing to a legal document signed by you agreeing to adhere to bail conditionsadhere to bail conditions

ANSWER:

a)a) a legal a legal document which document which compels you to compels you to attend court to attend court to

give evidence or give evidence or answer charges answer charges

2.2. Which of the following is not Which of the following is not likely to be considered evidence? likely to be considered evidence?

a) drugs a) drugs b) a gun b) a gun c) witness testimony c) witness testimony d) none of the aboved) none of the above

ANSWER:

d) none of the aboved) none of the above

33 Which of the following must Which of the following must police usually have a search police usually have a search warrant for?warrant for?a) youb) your home a) youb) your home c) your car c) your car d) your bagd) your bag

ANSWER:

b) Your Homeb) Your Home

4.4. Which of the following is a factor why Which of the following is a factor why someone might not be held on remand?someone might not be held on remand?

a)a) they are a flight risk they are a flight risk

b)b) they committed a violent crime such as they committed a violent crime such as murder murder

c)c) they committed a non-violent crime such they committed a non-violent crime such as larceny as larceny

d)d) they are a repeat offender who may go they are a repeat offender who may go andcommit another offence straight awayandcommit another offence straight away

ANSWER:

c)c) they they committed a committed a non-violent non-violent

crime such as crime such as larceny larceny

55 How long may police hold a How long may police hold a suspect without charge for if they do suspect without charge for if they do not have an extension from a not have an extension from a judge/magistrate? judge/magistrate?

a)a) four hours four hours

b)b) eight hourseight hoursc)c) 12 hours 12 hours

d)d) indefinitelyindefinitely

ANSWER:

a) Four Hoursa) Four Hours

6. The majority of police powers in NSW are 6. The majority of police powers in NSW are contained under which statute?contained under which statute?

a) Police Powers Act (Amended) 1900 NSWa) Police Powers Act (Amended) 1900 NSWb) Law Enforcement Act 2006 NSWb) Law Enforcement Act 2006 NSW

c) Police Powers and Responsibilities Act 1985 NSWc) Police Powers and Responsibilities Act 1985 NSWd) Law Enforcement (Powers and Responsibilities) d) Law Enforcement (Powers and Responsibilities)

Act 2002 NSWAct 2002 NSW

d) Law Enforcement (Powers and d) Law Enforcement (Powers and Responsibilities) Act 2002 NSWResponsibilities) Act 2002 NSW

ANSWER:

7. Police in NSW have broad powers to stop and search 7. Police in NSW have broad powers to stop and search people and seize items they are carrying. Which statement people and seize items they are carrying. Which statement best describes the minimum requirement for a police best describes the minimum requirement for a police member to use this power?member to use this power?

a) They believe beyond a reasonable doubt that the person a) They believe beyond a reasonable doubt that the person is carrying something stolen or used to commit an is carrying something stolen or used to commit an indictable offenceindictable offence

b) They believe on reasonable grounds that the person is b) They believe on reasonable grounds that the person is carrying something stolen or used to commit an indictable carrying something stolen or used to commit an indictable offenceoffence

c) They believe on a balance of probabilities that the c) They believe on a balance of probabilities that the person is carrying something stolen or used to commit an person is carrying something stolen or used to commit an indictable offenceindictable offence

d) they have proved to a judge that the person is carrying d) they have proved to a judge that the person is carrying something stolen or used to commit an indictable offencesomething stolen or used to commit an indictable offence

b) They believe on reasonable b) They believe on reasonable grounds that the person is carrying grounds that the person is carrying

something stolen or used to something stolen or used to commit an indictable offencecommit an indictable offence

ANSWER:

Crime Question Crime Question 15mks15mks

assess the effectiveness of the assess the effectiveness of the criminalinvestigation process as a means criminalinvestigation process as a means of achievingjusticeof achievingjustice